beta
(영문) 의정부지방법원 2020.12.14 2020고단2711

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2020, around 00:30 on May 13, 2020, the Defendant: (a) was under the influence of the Defendant’s friendship, and (b) went off the clothes; (c) was sent to the site after having received a report of 112 on the Defendant’s friendship, and expressed the Defendant’s friendship, Einc, Police Officer, etc., belonging to one team of the Gu Police Station D Zone D, which was called to the site; and (d) asked the said police officer on his personal matters at the time of the instant cancellation; (c) was able to look at his chest and shot of the said police officer on his drinking and shot; (d) was arrested on the back of the patrol; and (e) was arrested on the back of the patrol at the D Zone of the Gu Police Station D Zone of the Government Police Station, which was boarding, and (e) wheel the Defendant’s hack to G knc.

Accordingly, the defendant assaulted police officers who perform legitimate duties concerning the handling of 112 reported cases and arrest of flagrant offenders, thereby hindering the execution of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to E, F, and G;

1. A H statement;

1. Photographs of police officers;

1. A criminal investigation report (cases concerning video analysis on the day of the instant case transmitted by a police officer on the spot), the application of video CD-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The suspended sentence under Article 62(1) of the Criminal Act and all the conditions of sentencing indicated in the records, such as the defendant's age, character and conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, shall be determined as ordered by the court.

An unfavorable circumstance: A favorable circumstance that a crime of obstruction of performance of official duties is a crime detrimental to the function of the State by obstructing the exercise of legitimate public authority, and thus requires strict punishment: The confession is made, his mistake is divided, and there is only one time of punishment by a fine.